Kansas Department of Health & Environment

Kansas Family Medical Assistance

Manual (KFMAM)

Eligibility Policy - 10/16/2021

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02120 Joint Custody - In situations of joint custody where a child resides with each parent within a calendar month, and both parents are applying for benefits, the parent who has the primary responsibility for exercising parental control may apply for and receive medical assistance for that child if otherwise eligible. This includes the ability to apply for and receive MACM for the caretaker if requested and otherwise eligible.

When both parents are applying for benefits, eligibility for the child or children in joint custody cannot be split between the separate parents; therefore, both parents cannot receive benefits for the same child for the same month. If neither parent can be shown to be the parent with whom the child resides a majority of the time (over 50%) and no other factor shows that one parent has the primary responsibility for the child, then the parents must designate which household will include the child.

If only one parent is applying for medical assistance, then the child(ren) are to be included in the assistance household with that parent.

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